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My father married twice. Will there be disputes in the house I build
06-May-2023 (In Family Law)
Dear Sir, My father is married twice. First wife has boy(younger and married) and girl(elder and married). Second wife has boy(elder not married), girl(younger and not married). I am boy of second wife. Both of my mothers live seperately. My father is around 50 years. Till now no dispute. Recently I was employed and repaired and reconstructed the house in which i stay with my mother into big one. At present for this house we pay tax in name of my mother(second wife). I am thinking of constructing the house further. After my father, will my brother of my fathers 1st wife or 1st wife be able to claim this house as there own. Please advice.
First let me know, on whose name the documents are. Just by paying the property tax, property does not belong to your mother. If your father's first wife children can prove that the property is purchased by father, they will definitely claim share in the property.
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Adv. Murali Mohan Rao
Hyderabad | 100+ Answers
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HI
Since the house in your mother's name,your father's 1st wife or her children or for that instance even your father cannot claim any right on the house.
Under section 14 of hindu succession act, any property in the name of a woman is her absolute property.
Section 14 of Hindu succession act is reproduced below for your reference.
14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
Since the house in your mother's name,your father's 1st wife or her children or for that instance even your father cannot claim any right on the house.
Under section 14 of hindu succession act, any property in the name of a woman is her absolute property.
Section 14 of Hindu succession act is reproduced below for your reference.
14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Client,
Information is insufficient. In whose name the house was stands that is to say the title deeds. Who purchased the site or house. Even if your mother i.e., 2nd wife of your father has no funds even if your father purchased the site, whether the site is in the name of your mother that is second wife of your father. If so first wife or her children will not do anything as documents stood in the name of your mother i.e., second wife. Then you can expand the house and renovate. If the site is in the name of your father then try to transfer the title to your mother`s name or to your name. Then there isno problem after your father.
Information is insufficient. In whose name the house was stands that is to say the title deeds. Who purchased the site or house. Even if your mother i.e., 2nd wife of your father has no funds even if your father purchased the site, whether the site is in the name of your mother that is second wife of your father. If so first wife or her children will not do anything as documents stood in the name of your mother i.e., second wife. Then you can expand the house and renovate. If the site is in the name of your father then try to transfer the title to your mother`s name or to your name. Then there isno problem after your father.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Your query is not clear please tell me the reconstructed house basically belongs to whom, either your mother's or your's or your father's or third party. If this clear, I am able to suitable solution. O.K.
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Adv. Akarapu Udaya Bhasker
Mahbubnagar | 25+ Answers
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